Among many duties of an employer, keeping their workers safe and providing a safe environment is the priority. Under the laws, this situation is defined as an employer’s duty of care. Intentional or unintentional, any harm taken by a worker can be troublesome for the employer. However, due to the risky nature of works in many industries, the workers compensation system is based on the no-fault scheme. This means, even if the employer has taken sufficient care, workers can lodge a compensation claim whilst suffering injuries. On the other hand, the conclusion of negligence-based worker accidents will be a lot more different and difficult for the employer. Violating the workplace safety laws is to be punished by the court.
Worker’s safety should be guaranteed by the business all the time and on every occasion
Worker accidents aren’t limited to workplace accidents. These accidents can occur for many reasons. Such as insufficiency of working equipment. Although it may not sound like an accident, failure to provide working equipment suitable for industrial standards is a notorious reason for worker injuries. However, such behaviour is likely to be determined as intentional negligence by the court. Ignoring the safety of the workers while the conclusions are obvious is a serious violation of laws.
Laws demand from the worker to act just as a reasonable employer would. However, this obligation isn’t relative. Workers’ safety can be provided by acting responsibly. Other than the specifically enforced standards, workplace safety can be implemented by assessing the risk with a workplace safety professional, taking preventive measures such as mounting heavy machinery to avoid tip-overs and using safety nets if the workers are working in a multi-level construction and adapting the workload of the workers to reasonable standards. There is no way to avoid liability if an employer delays to perform his/her tasks on time.
The majority of the work accidents are due to negligence
As one might guess, ignoring to take immediate actions against risk factors can lead to regretful situations. Especially when a work-related accident could be prevented. Negligence in work accidents can be in many forms. While failing to take preventive measures is obvious negligence, ignoring the capacity of the workers is also considered negligent behaviour. The latest statistics reported that one of the most encountered causes of work-related accidents occurs whilst lifting or carrying heavy objects. Minor injuries can be sustained during performing such action. However, the human body has limits. Lifting heavy objects regularly and multiples times a day can cause serious injuries in the spinal system of the worker. This is why many heavy-duty machinery are being produced. All over the world, many countries have been setting standards to avoid similar accidents. Depending on what laws are in force, usage of machinery for lifting and carrying purposes can be an obligation. Failing to do so can be very troublesome for the employer as breaching the duty of care in the workplace has harsh penalties.
Injured workers can file for workers compensation
While sustaining injuries, injured workers can claim workers compensation which contains many advantages and assistance payments for the injured worker. In Australia, workers compensation includes payments for the injured worker, medical assistance payments including payments for dental operations and domestic care, at-work recovery opportunities, and for more serious incidents in which the worker passes away, dependency compensation to the family of the worker. These entitlements might differ depending on the country, state and territory. For this reason, it is best to demand legal aid from a compensation lawyer. It is also very advantageous to work with a lawyer as in Australia, injured workers can benefit from free legal representation.
